Moore County Small Claims Court, Texas

Moore County Court Clerk

We recommend contacting the Moore County court clerk before proceeding down to the courthouse to file your action. The clerk is knowledgeable at all of the procedures and will be able to inform you of any specific local procedures for Moore County. We recommend calling the clerk’s office to ensure the courthouse is open. Remember, the court clerk is trained to assist with procedural questions, but is not able to give legal advice.

Small Claims Court Venue

The action is generally filed in the County and Precinct where the defendants reside (where they live) or where location where the Defendants contracted themselves to perform. (Texas Government Code Section 28.011).

Types of Small Claims Cases

A variety of cases are handled in small claims court. This could be an action to get your security deposit back, or an action to recover money for damage done to your vehicle after a car accident. The only types of cases that are prohibited are an assignment of a claim (whereby you transfer your interest in a case for someone else to collect), a divorce, or a case filed by a collection agency or agents.

How are trials conducted?

Unlike regular civil trials, small claims court rules do not follow the Rules of Evidence. In fact, the judge in small claims court is charged with developing facts of the case and may question or summon witnesses. Additionally, the judge is allowed to ask questions of the parties and witnesses, and generally takes a more proactive role in determining the facts of a case. It will likely be pretty quick. If a jury trial is required, the trial could last a few hours.

Judges for Small Claims Court Cases in Moore County

A Justice of the Peace for Moore County hears small claims court cases for Moore County.

Can I file my case in small claims court?

The plaintiff’s demand for money cannot exceed $10,000. (Texas Government Code 28.093). Another restriction of small claims court is that a plaintiff can only seek monetary relief (an award of money). The court has no authority to issue an injunctive or equitable award. Say your landscaper breaks a sprinkler head. You can ask the court for money to replace the sprinkler head, but you cannot ask the court for an order requiring the landscaper to physically replace the sprinkler head. This type of relief would be injunctive relief.

Can I hire an attorney?

In Texas, small claims parties generally represent themselves without an attorney. This is because cases involving $10,000 or less usually do not justify the cost of an attorney. However, you are allowed to retain one if you choose.

Are there appeals in small claims court?

Yes, but only if the amount in controversy is in excess of $250. Small Claims actions are heard in 2 courthouses throughout Moore County.